ASHISH KUMAR SHARMA AND ANOTHER v. State of U.P. AND ANOTHER
A482/31023/2024 · 2025-08-10
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96292 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96292 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135560 Court No. - 77 Case :- APPLICATION U/S 482 No. - 31023 of 2024 Applicant :- Ashish Kumar Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Ranjan Srivastava,Sunil Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicants and learned AGA appearing for the State.
2. This present application has been filed for seeking quashing of chargesheet dated 15.10.2023 along with cognizance order dated 03.05.2024 and entire criminal proceedings of Criminal Case No.39889 of 2024 (State Vs. Ashish Kumar Sharma and others), arising out of Case Crime No.259 of 2023, under Sections 379, 384, 504, 506 IPC and Section 67 of I.T. Act, P.S. Naubasta, District Kanpur Nagar, pending in the court of learned Special Chief Judicial Magistrate, Kanpur Nagar.
3. On perusal of the narration of FIR as well as chargesheet and the statements recorded during investigation, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire criminal proceedings of the said case, can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Lastly, learned counsel for applicants submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally
disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central
Bureau of Investigation and another (2022 SCC OnLine SC 825).
7. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.
Order Date :- 11.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad